[From the U.S. Code Online via GPO Access]
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TITLE 15--COMMERCE AND TRADE
CHAPTER 50--CONSUMER PRODUCT WARRANTIES |
| Sec. 2302. Rules governing contents of warranties |
| (c) Prohibition on conditions for written or implied warranty; waiver by Commission |
No warrantor of a consumer product may condition his written or implied warranty of such product on the consumer's
using, in connection with such product, any article or service (other than article or service provided without
charge under the terms of the warranty) which is identified by brand, trade, or corporate name; except that the
prohibition of this subsection may be waived by the Commission if--
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| The Commission shall identify in the Federal Register, and permit public comment on, all applications for waiver of the prohibition of this subsection, and shall publish in the Federal Register its disposition of any such application, including the reasons therefor. |
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[Comment: Not part of Law] It is your right to purchase and use compatible, aftermarket, refurbished, or 3rd party inkjet cartridges. Under no circumstances may any company, associate, salesperson, support technician, or service technician deny you service or warranty work that would otherwise be covered under the manufacturers warranty program. As stated by our competitors... The manufacturer of the printer you are using cannot void the warranty on your printer because you use a cartridge or refill kit manufactured by someone other than the printer manufacturer. This prohibition includes the use of compatible, aftermarket, 3rd party, and refurbished cartridges. Furthermore, you do not have to be intimidated when the manufacturer or their representative tells you that they will void your warranty on your equipment if you do not use their ink or toner. Nor should you be intimidated if they should try to charge extra if you are not using their ink or toner products. This is illegal and is referred to as "product linking". See, Supreme Court Ruling: IBM vs. The United States. Here the Supreme Court ruled that IBM could not threaten customers with the termination of there data processing equipment leases just because they did not use supplies manufactured by IBM. Such practice constituted a "Tying Agreement" and was found to be in violation of the Sherman and Clayton Anti Trust Law. It is your right of free choice to choose any supplier of compatible supplies you wish for your printer and printing equipment. You are acting within the letter of the law by doing so. The printer manufacturers and their service and support people are well aware that lower priced supplies are available in the free market. Threatening to void the warranty and to charge for service calls, normally covered by their warranty, are commonly used to intimidate customers. It is their only defense. Save this document and read it to them, if you are threatened. |
